The phrase “sweet sixteen and never been kissed” refers to the innocence of childhood and the coming of age of children. It also relates to the increased need for autonomy by adolescents. However, it is highly improbable that the average child in South Africa, when reaching the age of sixteen years, has never been kissed. Children’s rights are categorised as rights of protection (the state and parents have a duty to protect children from sexual abuse and exploitation) and rights of autonomy. The Choice on Termination of Pregnancy Act 92 of 1996 provides for the right of female children of any age to consent to the termination of a pregnancy if all the requirements are met. In terms of the Children’s Act 38 of 2005, persons who are responsible for the care of a child must guide, advise and assist such child. A child must have access to information regarding sexuality and reproduction, and has clear rights from a young age with regard to consenting to medical treatment and HIV testing, as well as to access to contraceptives. Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 deal with consensual sexual acts with adolescents - a person who commits a sexual act with an adolescent is, despite the consent of such adolescent, guilty of an offence. Adolescents and children between the ages of sixteen and eighteen years can also be offenders. There is an obligation on a person with knowledge of a sexual offence that has been committed to report same to the South African Police Service. The particulars of a convicted person must be inserted in the National Register for Sex Offenders. These reporting obligations limit the child’s rights to consent to the termination of a pregnancy, to access contraceptives and confidential contraceptive advice and to consent to HIV testing. It also limits the ability of adults to provide children with sex education, advice and guidance. The court in the The Teddy Bear Clinic for Abused Children and RAPCAN v Minister of Justice and Constitutional Development and National Director of Public Prosecutions (73300/2010) [2013] ZAGPPHC 1 (4 January 2013) found that certain sections of the Sexual Offences Act are unconstitutional. However, three main issues remain unaddressed. Firstly, the above-mentioned provisions in the Choice on Termination of Pregnancy Act and the Children’s Act still send out contradictory messages, leading to legal uncertainty. Secondly, the diversion provisions of the Child Justice Act 75 of 2008 are not, in totality, relevant to consensual sexual acts between children, and expose children to the criminal justice system. Thirdly, the reporting provisions of the Sexual Offences Act pose serious challenges. To address the above, it is recommended that the state should embark on a nation-wide information campaign, the national statutory and institutional framework should be reviewed, rationalised and aligned, information relating to the appropriate education of children should be disseminated, and the reporting requirement in the Sexual Offences Act be amended. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Private Law / UPonly

Doctor Legum - LLD / This thesis considers two jurisdictions, namely Malawi and South Africa, and attributes the problem to the lack of appropriate national implementation of the applicable human rights law by these states. Consequently, the study is based on the underlying assumption that one of the main ways of addressing this problem is for African states to undertake measures that comply with international standards for ensuring the appropriate national implementation of the applicable international human rights law.

The constitution of ELCSA was adopted in the constitutional assembly held on 15 to 19 December 1975 at Rustenburg, Tlhabane. The constitution of South Africa was adopted on 08 May 1996 and amended on 11 October 1996 by the constitutional assembly. It is obvious from this situation that the ELCSA constitution was put together and adopted during the rule of the National Party in consideration of the constitution of South Africa at the time. This suggests that the bill of rights was not taken into account when the constitution of ELCSA was written. The church‘s top down management system of administration is questionable. The harmony of rights and the ELCSA constitution was tested. The labour relations requirements are not taken into consideration by the ELCSA constitution given the procedures followed to add in addressing employee disputes. The ELCSA constitution was critically evaluated for compliance. The areas of the South African Constitution that were not considered at the initial stage of the church constitution were identified during the study. It is imperative though that the Church should not find her self-making concessions on issues that are contrary to Christian beliefs and norms that form the basis of the faith. Dr Martin Luther’s two kingdoms provided some guidance when the church was under pressure regarding certain issues that are required by the law of the country. Particularly the church does not condone abortion. In this study it was established that some areas require the church to mobilise and challenge the state. The study is concluded by a discussion of areas that present conflict between the church and legal requirements, areas that the church is omitting to do and areas that the church has to take a stand on. This discussion included recommendations that the church has to consider ensuring that legislation is complied with and that there is no conflict with the church constitution. / Dissertation (MA(Theology) Church History)--University of Pretoria, 2008. / Church History and Church Policy / unrestricted

Recent changes and amendments have been made in the Swedish Aliens Act (2005:716), regarding the possibility of a permanent residence permit. These rules are regulated in Ch. 5 sec. 7 para. 1 and in Ch. 5 sec. 8 para. 2 in the Swedish Aliens Act. These amendments were made in the light of the modern society, dealing with the problem of migrant offenders in Sweden, only a couple of years after the Convention on the Rights of the Child was incorporated into Swedish law. Nonetheless, these rules have been criticized by various legislative bodies and human rights organizations. Hence, the special requirements that apply according to these conducted provisions in the Aliens Act raise questions about the child perspective in these rules. The purpose of this thesis is to identify the premises on which these rules rest, and the consideration taken of the child being a child, the child perspective, in these rules and how they relate to Sweden’s international commitments, mainly the United Nations Convention on the Rights of the Child. The purpose includes identifying and highlighting problems with the legislation and the need for changes in the Swedish law.  The conclusion drawn is that the studied provisions are not compatible with the statements made by the Committee on the Rights of the Child regarding the interpretation of the Convention, and that the legislation needs to be changed for Sweden to live up to the international obligations in the Convention on the Rights of the Child, so that these rules are reasonably legally secure and non-discriminatory. Furthermore, the conclusion is that the child in the studied provisions is not constructed as a child in need of protection, but rather as an adult being punished – as “a person”– an unwanted one – a ‘persona non grata’.

Focusing on the rights of children who are deprived of their family environment and remain in child-headed households in the context of the HIV epidemic in Africa cannot be more relevant at present as the continent faces a significant increase in the number of children who are left to fend for themselves due to the impact of the epidemic. The impact of the epidemic is so severe that it is likened to an armed conflict. In sub-Saharan Africa, an estimated 22.4 million people are living with HIV, and in 2008 alone, 2 million people died of AIDS-related illnesses. Such massive loss of human lives is itself a tragedy. However, the repercussions of the epidemic suffered by children may be less visible, yet are just as far-reaching, and in all likelihood longer lasting in their effects. Initially, it appeared that children were only marginally affected by the epidemic. Unfortunately, it is now clear that children are at the heart of the epidemic. In sub-Saharan Africa, an estimated 14 million children lost their parents to AIDS-related illnesses and an unimaginable number of children consequently find themselves in deepened poverty. Traditionally, children who are deprived of their family environment in Africa have been cared for by extended families. However, the HIV epidemic has dramatically affected the demography of many African societies. As the epidemic continues to deplete resources of the affected families and communities, extended families and communities find it more and more difficult to provide adequate care to the increasing number of children who are deprived of parental care. As a result, more and more children are taking care of themselves in child-headed households. The foremost responsibility of states with regards to children who are deprived of parental care is to support families and communities so that they are able to provide adequate care to children in need of care, thereby preventing children from being deprived of their family environment. While strengthening families and communities, as required by articles 20 of the Convention of the Rights of the Child and 25 of the African Charter on the Rights and Welfare of the Child, as well as other international guidelines such as the 2009 UN Guidelines for the Alternative Care of Children, states also have the responsibility to provide ‘special protection and assistance’ to children who are already deprived of their family environment and are living in child-headed households. The important question is how to interpret the right to alternative care, and special protection and assistance, with respect to children in child-headed households. The study examines the international standards and norms regarding children who are deprived of their family environment including children in child-headed households and explores the ways those children are supported and protected in South Africa, against the background of related developments in a number of different African countries, including Namibia, Southern Sudan and Uganda. In 2002, the South African Law Reform Commission made the important recommendation that child-headed households should be legally recognised. The Children’s Amendment Act (No 41 of 2007), which amended the comprehensive Children’s Act (No 38 of 2005) gave effect to this recommendation by legally recognising child-headed households under prescribed conditions. It is a bold step to strengthen the protection and assistance given to children in child-headed households. However, child-headed households should not be legally recognised unless all the necessary protection and assistance measures are effectively put in place. In order to design and implement the measures of protection and assistance to children in child-headed households, a holistic children’s rights-based approach should be a guiding light. A rights-based approach, which articulates justiciable rights, establishes a link between the entitlement of children as rights-holders and legal obligations of states as duty-bearers. States have the primary responsibility to provide appropriate protection and assistance to children who are deprived of their family environment. This is a legal obligation of states, not a charitable action. A rights-based approach is further important in that it ensures that both the process of mitigation strategies and the outcome of such efforts are firmly based on human rights standards. The study argues that legal recognition should be given to child-headed household only after a careful evaluation based on the international standards with regard to children deprived of their family environment. It further argues that measures of ‘special protection and assistance’ should be devised and implemented using a rights-based approach respecting, among others, children’s rights to non-discrimination, to participation and to have their best interests given a priority. / Thesis (LLD)--University of Pretoria, 2009. / Centre for Human Rights / unrestricted

No description available.

The Swedish Act concerning Support and Service for Persons with Certain Functional Impairments (known as LSS) is said to hold strong rights regarding support intended to empower people with severe disabilities. This study investigates to which extent children are attributed rights in the preparatory work for the LSS and in the administrative court’s judgments. Using qualitative content analysis, this study finds that there is a strong disa-bility rights perspective in the preparatory work but a general ambiguity concerning whether the perspective covers children. The absence of a disability rights perspective in court records concerning children can be under-stood in light of this ambiguity. Other findings include a strong parent perspective and an absent or weak chil-dren's rights perspective in both the preparatory work and court judgments. Children are seldom given a voice or made visible as social actors with rights of their own. Instead, children are described as family members and the care responsibilities of parents – who, in turn, have a voice and are seen as in need of support. The thesis con-cludes that there is a need to clarify the rights of the child in the LSS and how these should be prioritized against parents' interests.

The purpose of this qualitative study is to highlight how children who commit crimes are constructed in a social legal context. Critical children´s rights theory and socialconstructionism were used to process and analyze the material. 33 judgements in compulsory custody cases concerning children from Stockholm´s administrative court from the year 2021 were analyzed. Only children taken into care due to criminal activities were included in the study. The subject of this study is how narratives about children who commit crimes, the child´s needs and situation are constructed in administrative courts´judgments. The study is divided into two parts, a description of the legal framework, and an analysis of the judgments. The conclusions are that the Convention on the Rights of the Child seems to have a limited role in the courts practical applications and the basis on which these decisions rest, and the construction of the children in the legal system is greatly influenced by the legal framwork and context. How the professionals talk and write about the child in the process can affect the child´s view of itself, its identity creation and, by extension, its opportunity to reintegrate into society, which is the goal.

The present study focuses on the issue of unaccompanied minors (UAMs) and trafficking and is a case study about Greece. Its purpose is to comprehend the factors that make UAMs vulnerable to trafficking, highlight gaps in protection measures, and evaluate the effectiveness of the legal and policy framework. It is important to research this subject because of its utmost importance as a critical human rights issue. By delving into it, human rights values are upheld and contribute to the broader goal of safeguarding children and preventing trafficking globally. Vulnerability theory and securitization theory form the basis of this thesis and a qualitative method was used with field research conducted through semi-structured interviews. The results showed that UAMs represent a vulnerable group at risk of trafficking in Greece or possibly be already victims from their country of origin or during the migration journey, attributable to existing gaps in their protection and various contributing factors. The results of this study include the need for establishing a national child protection system, improving protection measures and preventive mechanisms, and fostering collaboration with stakeholders to protect these children. / Η παρούσα μελέτη επικεντρώνεται στο ζήτημα των ασυνόδευτων ανηλίκων (Α.Α.) και της εμπορίας ανθρώπων και αποτελεί μελέτη περίπτωσης για την Ελλάδα. Σκοπός της είναι να κατανοήσει τους παράγοντες που καθιστούν τους Α.Α. ευάλωτους στην εμπορία ανθρώπων, να επισημάνει τα κενά στα μέτρα προστασίας και να αξιολογήσει την αποτελεσματικότητα του νομικού και πολιτικού πλαισίου. Είναι σημαντικό να ερευνηθεί το θέμα αυτό λόγω της ύψιστης σημασίας του ως κρίσιμου ζητήματος ανθρωπίνων δικαιωμάτων. Με την εμβάθυνση σε αυτό, υποστηρίζονται οι αξίες των ανθρωπίνων δικαιωμάτων και συμβάλλουν στον ευρύτερο στόχο της προστασίας των παιδιών και της πρόληψης της εμπορίας ανθρώπων σε παγκόσμιο επίπεδο. Η θεωρία της ευαλωτότητας και η θεωρία της ασφαλειοποίησης αποτελούν τη βάση της παρούσας διπλωματικής και χρησιμοποιήθηκε ποιοτική μέθοδος με έρευνα πεδίου που διεξήχθη μέσω ημι-δομημένων συνεντεύξεων. Τα αποτελέσματα έδειξαν ότι οι Α.Α. αποτελούν μια ευάλωτη ομάδα που κινδυνεύει να πέσει θύμα εμπορίας στην Ελλάδα ή ενδέχεται να έχει πέσει ήδη θύμα είτε στη χώρα καταγωγής τους είτε κατά τη διάρκεια του μεταναστευτικού ταξιδιού, γεγονός που αποδίδεται στα υπάρχοντα κενά στην προστασία τους και σε διάφορους παράγοντες που συμβάλλουν σε αυτό. Τα αποτελέσματα αυτής της μελέτης συμπεριλαμβάνουν την ανάγκη για τη δημιουργία ενός εθνικού συστήματος παιδικής προστασίας, τη βελτίωση των μέτρων προστασίας και των προληπτικών μηχανισμών και την προώθηση της συνεργασίας με τους ενδιαφερόμενους φορείς για την προστασία αυτών των παιδιών.

The purpose of this study is to analyze children’s books that both deal with children who are suffering, and children’s books that aim to prevent child abuse. By conducting a systematic literature study, I have answered my research questions. The results of the study can lead to increased knowledge and understanding of how children’s literature can be helpful when it comes to issues and topics that concern violence against children and children’s integrity. The questions I have answered in this study are how the different family situations are depicted, how the children’s relationships and vulnerability are reflected, and how the vulnerable children react in these books. The scientific articles summarized under previous research cover topics such as touch in preschool, what criteria a children’s book should have to be used for “abuse prevention” purposes, how such literature has changed over time, and what the consequences of lack of competence in adults are. My study supports previous research showing that children’s books are an important part of children’s learning and development, and that they can convey different values, norms, and messages about children’s rights and vulnerability in society. But this genre of books is still too new to see any positive change in the statistics regarding adult violence against children, and if any change would depend on the literature. The work to prevent abuse is not just about reducing the number of children exposed. It can also have a range of positive effects on society as a whole. / Studiens syfte är att analysera barnböcker som dels handlar om barn som farilla, samt barnböcker som har ett anspråk på att förebygga att övergrepp motbarn sker. Genom att göra en systematisk litteraturstudie har jag fått svar påmina frågeställningar. Studiens resultat kan leda till ökad kunskap ochförståelse om hur barnlitteratur kan vara till hjälp, när det kommer till frågoroch ämnen som berör våld mot barn och barns integritet. De frågor jag fåttbesvarade i denna studie är hur de olika familjesituationerna skildras, hurbarnens relationer och utsatthet speglas samt hur de utsatta barnen reagerar idessa böcker. De vetenskapliga artiklarna som sammanfattats under tidigareforskning berör ämnen som beröring i förskolan, vilka kriterier en barnbok börha för att kunna användas i “övergreppsförebyggande” syfte, hur sådanlitteratur har förändrats över tid och vad bristande kompetens hos vuxna får förkonsekvenser. Min studie stödjer tidigare forskning som visar att barnböckerär en viktig del av barns lärande och utveckling, och att de kan förmedla olikavärderingar, normer och budskap om barns rättigheter och utsatthet i samhället.Men denna bokgenere är än så länge för ny, för att se någon positiv förändringi statistiken när det gäller vuxnas våld mot barn, och om eventuell förändingskulle bero på litteraturen. Arbetet med att förebygga övergrepp handlar intebara om att minska antalet barn som utsätts. Det kan också ha en rad positivaeffekter på samhället i stort.